A protester is taken into custody along FDR Drive in Manhattan in New York City as thousands of demonstrators took to the streets of New York demanding justice for the death of Eric Garner December 5, 2014. REUTERS/Eric Thayer

By Robert MacMillan, Andrew Chung and Sebastien Malo

NEW YORK (Reuters) - Protesters in New York and other U.S. cities rallied for a third straight night on Friday denouncing the use of deadly force by police against minorities, as prosecutors said they would consider charges against an officer who fatally shot an unarmed black man in November.

The killing of Akai Gurley, 28, gunned down in a dimly lit stairwell in the New York borough of Brooklyn, was the latest in a string of lethal police actions fueling public outrage over what many perceive as race-based violence by law enforcement.

This week's wave of angry but largely peaceful protests began Wednesday when a New York grand jury declined to bring charges against white officer Daniel Pantaleo in the chokehold death of Eric Garner, a black 43-year-old father of six.

A videotape of the confrontation on Staten Island in July showed Pantaleo's arm across Garner's neck as four officers subdued the unarmed man on suspicion of selling cigarettes illegally. Garner was pinned face down to the pavement as he repeatedly gasped, "I can't breathe" - a phrase protesters have transformed into a rallying cry.

The decision sparing Pantaleo from prosecution was announced nine days after a Missouri grand jury chose not to indict a white policeman for the shooting death in August of an unarmed black teenager in the St. Louis suburb of Ferguson, spurring two nights of arson and unrest there.

View gallery

Protesters, demanding justice for Eric Garner, hold placards while marching through Times Square, Ne …

On Thursday, protests erupted in Phoenix, Arizona after a police officer shot dead an unarmed black man during a scuffle.

"The government has created a monster and the monster is now loose," said Soraya Soi Free, 45, a nurse from the Bronx who has been protesting in New York.

MARCHERS INVADE APPLE STORE

After two nights that saw thousands of demonstrators pouring into the streets and blocking traffic in Manhattan, the turnout on Friday saw only hundreds as a cold, steady rain fell.

Still, more than 100 people stormed into an Apple Store to stage a brief "die-in," sprawling on the floor as shoppers and employees watched. They left without incident after about five minutes.

View gallery

Protesters demanding justice for Eric Garner stage a "die-in" at Macy's department sto …

Similar demonstrations were staged at Macy's flagship department store in Herald Square and at Grand Central Terminal, one of the city's two main rail stations. Police stood by and allowed the protesters briefly to occupy the locations.

Protests also unfolded in Chicago, Boston, Washington, D.C., New Orleans and Oakland, California where marchers echoed phrases such as "Black lives matter," and "I can't breathe."

Renee Alexander, 44, a nurse from Woodbridge, Virginia, who joined about 200 protesters in downtown Washington, expressed outrage over the footage of Garner's death.

"It's heartbreaking for me to watch, over and over on TV, how his life was cut short on the street, just like a dog,” she said.

NEW CASE IN BROOKLYN

View gallery

A protester is seen along FDR Drive in Manhattan in New York City as thousands of demonstrators took …

Brooklyn District Attorney Kenneth Thompson said on Friday he would convene a grand jury to consider charges against the New York City officer who shot Gurley. Police have said the officer, Peter Liang, may have accidentally discharged his gun.

At a news conference with Gurley's relatives on Friday, Kevin Powell, the president of advocacy group BK Nation, called the shooting part of a "series of modern-day lynchings."

Gurley's mother, Sylvia Palmer, tearfully demanded justice.

In Cleveland on Friday, the family of a black 12-year-old boy fatally shot by police filed a lawsuit against the city, a day after the federal government found the police department systematically uses excessive force.

Elsewhere in the Midwest on Friday, activists concluded a 120-mile (190-km) protest march to the Missouri governor's mansion from Ferguson, where 18-year-old Michael Brown was fatally shot in August by a policeman.

View gallery

A protester holds up a sign during a march for Eric Garner in New York December 5, 2014. REUTERS/And …

New York officer Pantaleo told the grand jury he used a proper takedown technique and denied putting pressure on Garner's neck, according to his lawyer, Stuart London. The city's medical examiner has said Garner's death was caused by compressing his neck and chest, with his asthma and obesity contributing.

Pantaleo could still face disciplinary action from an internal police investigation, his lawyer said. Chokeholds are banned by police department regulations.

Court filings obtained by Reuters show that four black men have sued Pantaleo over two separate 2012 incidents, claiming they were stopped, strip-searched and arrested without cause.

The U.S. Justice Department will pursue civil rights investigations into the Missouri and New York cases, though legal experts have said federal charges for the two officers are unlikely.

(Additional reporting by Frank McGurty, Joseph Ax, Ellen Wulfhorst, Scott Malone, Nandita Bose and Nathan Layne; Writing by Steve Gorman and Joseph Ax; Editing by Bernadette Baum, Grant McCool, Ken Wills, Kim Coghill and Dale Hudson)

Protesters invade Apple store in NYC, demand justice for Eric Garner

By Emily Stephenson and Aruna Viswanatha

WASHINGTON (Reuters) - The "broken windows" law enforcement strategy of aggressively pursuing petty criminals is coming under attack, after a grand jury this week decided not to indict a New York police officer in the chokehold death of an unarmed black man.

Eric Garner died in July after a confrontation with police. Officers tried to arrest Garner based on complaints that he was illegally selling cigarettes on a Staten Island sidewalk.

The clash between Garner and police, captured on video, has stoked a debate over the "broken windows" concept that says police should pursue small violations to create a larger atmosphere of obedience and prevent other, more destructive crimes.

The idea dates back to the early 1980s and was popularized by former Mayor Rudy Giuliani, a Republican who governed the city from 1994 to 2001. Giuliani's first police commissioner was Bill Bratton from 1994 to 1996 and Bratton is in the same position under current Mayor Bill de Blasio, a Democrat.

Some say the theory has evolved into a zero tolerance policy that has led to disproportionate responses by police.

U.S. Representative Jose Serrano, a Democrat who represents a largely minority community in New York City, said on Friday that he has asked the U.S. Justice Department to investigate New York's policing for small crimes.

"We should carefully evaluate how 'broken windows' is being implemented in practice and how its enforcement may be infringing on people's civil rights," Serrano said.

A Justice Department spokeswoman declined comment on Serrano's request.

Republicans this week also questioned whether police are appropriately focusing their attention. Senator Rand Paul of Kentucky blamed laws such as New York City's cigarette taxes that give rise to illegal sales and other bad behavior.

"I think, my goodness, do we not have enough violence going on in our community that really needs to be policed that we're going to go harass people for selling cigarettes?" Paul said on Fox News on Thursday.

Democratic Senator Kirsten Gillibrand of New York struck out against what she called a disproportionate response to minor crimes.

"When you have a man who was committing an arguably low-level offense end up dead because of the use of lethal force, you have an issue," Gillibrand said on MSNBC on Friday.

Police backers say programs like New York's "stop and frisk" sets the standard that bad behavior will not be tolerated and has reduced violent crime rates. Last year, however, a federal judge found the city's use of that strategy constituted a form of illegal racial profiling, and ordered major changes.

EVOLVING THEORY

The broken windows theory was introduced by two social scientists in a 1982 magazine article and gained traction in New York. It posits that poorly maintained urban environments with dirty streets, abandoned buildings and the like attract crime, while well-kept communities are more law-abiding.

Giuliani, who is largely credited with popularizing the strategy, could not be reached for comment on Friday. He said on Fox News on Thursday that the police response to Garner was justified because he did not cooperate with law enforcement.

But critics say police have stretched the theory beyond its original intent into an indiscriminate zero-tolerance policy.

"If the problem is a broken window they should fix the window," said City University of New York law school professor Steve Zeidman. "But somehow we don't fix the window, we just arrest people who start hanging out by the broken window."

Stuart Gang, a retired New York City police officer, defended the doctrine, saying it has increased the responsiveness of law enforcement to a range of crimes. "There is nothing wrong with 'broken windows'," he said.

(Reporting by Emily Stephenson and Aruna Viswanatha; Editing by Karey Van Hall and Grant McCool)

SANAA, Yemen (AP) — An American photojournalist and a South African teacher held by al-Qaida militants in Yemen were killed Saturday during a U.S.-led rescue operation that President Barack Obama said he ordered because of "imminent danger" to the U.S. hostage.

U.S. officials believe the militants shot the two men during a firefight, and that both were alive when American forces pulled them from a building on the group's compound and got them aboard aircraft, where medical teams operated on them during a short flight to the USS Makin Island, a Navy ship in the region.

South African Pierre Korkie is believed to have died during the flight, while American Luke Somers died on the ship, according to senior U.S. officials who spoke on condition of anonymity because the information had yet to be approved for release.

About 40 U.S. special operations forces were part of the mission, according to the U.S. officials. The rescuers, backed by Yemeni ground forces, got within 100 meters of the compound in southern Shabwa province when they were spotted by the militants, and the skirmish ensued.

The second rescue attempt in less than two weeks to free Somers was prompted by a video posted online earlier in the week in which al-Qaida in the Arabian Peninsula threatened to kill photographer Luke Somers within 72 hours.

But an aid group helping negotiate Korkie's release said he was to be freed Sunday and his wife was told that "the wait is almost over."

View gallery

In this Sunday, July, 7, 2013, Luke Somers, 33, an American photojournalist who was kidnapped over a …

In a statement, Obama did not address Korkie by name, only saying he "authorized the rescue of any other hostages held in the same location as Luke." The South African government did not immediately comment on Korkie's death.

Information "indicated that Luke's life was in imminent danger," Obama said. "Based on this assessment, and as soon as there was reliable intelligence and an operational plan, I authorized a rescue attempt."

Officials said Obama authorized the rescue mission Friday morning and was informed that evening about the outcome.

Lucy Somers, the photojournalist's sister, told The Associated Press that she and her father learned of her 33-year-old brother's death from FBI agents at 0500 GMT (12 a.m. EST) Saturday.

"We ask that all of Luke's family members be allowed to mourn in peace," she said from near London.

View gallery

This photo taken on July, 17, 2013 shows American photojournalist Luke Somers, left, at work in Sana …

Yemen's national security chief, Maj. Gen. Ali al-Ahmadi, said the militants planned to kill Luke Somers on Saturday, and that prompted the joint mission.

"Al-Qaida promised to conduct the execution (of Somers) today so there was an attempt to save them but unfortunately they shot the hostage before or during the attack," al-Ahmadi said at a conference in Manama, Bahrain.

The operation began before dawn Saturday in a province that is a stronghold of al-Qaida's branch in Yemen. U.S. drones struck first the Wadi Abdan area first, followed by strafing runs by jets before Yemeni ground forces moved in, a Yemeni security official said. Helicopters flew in more forces to raid the house where the two men were held, he said.

At least nine al-Qaida militants were killed in an initial drone strike, another security official said. Both spoke on condition of anonymity because they were not authorized to speak to reporters.

U.S. officials said no American forced were killed or injured. The American military team was on the ground for about 30 minutes. Officials also said that based on the location on the compound where Somers and Korkie were found, there was no possibility that the hostages were killed by American fire.

View gallery

In this Wednesday, May. 29, 2013, Luke Somers, 33, an American photojournalist who was kidnapped ove …

U.S. Defense Secretary Chuck Hagel said the rescue mission was "extremely well executed, and was complicated and risky. The two men "were murdered by the AQAP terrorists during the course of the operation," Hagel said during a visit to Afghanistan.

The rescue mission was the second by U.S. and Yemeni forces searching for Somers, among the roughly dozen hostages believed held by al-Qaida militants in Yemen.

On Nov. 25, American special operations forces and Yemeni soldiers raided a remote al-Qaida safe haven in a desert region near the Saudi border, freeing eight captives, including Yemenis, a Saudi and an Ethiopian. Somers, a Briton and four others had been moved days earlier, officials later said.

Following that first raid, al-Qaida militants released a video Thursday that showed Somers. The group threatened to kill him in three days if the United States did not meet unspecified demands or if another rescue was made.

Somers was kidnapped in September 2013 as he left a supermarket in the Yemeni capital, Sanaa, said Fakhri al-Arashi, chief editor of the National Yemen, where Somers worked as a copy editor and a freelance photographer during the 2011 uprising in Yemen.

View gallery

FILE - In this Monday, Feb. 11, 2013 file photo, Luke Somers, 33, an American photojournalist who wa …

Before her brother's death, Lucy Somers released an online video describing him as a romantic who "always believes the best in people." She ended with the plea: "Please let him live."

In a statement, Somers' father, Michael, also called his son "a good friend of Yemen and the Yemeni people" and asked for his safe release.

Korkie was kidnapped in the Yemeni city of Taiz in May 2013, along with his wife, Yolande. Militants later released her after a nongovernmental group, Gift of the Givers, helped negotiate for her freedom. Those close to Korkie said al-Qaida militants demanded a $3 million ransom for his release.

"The psychological and emotional devastation to Yolande and her family will be compounded by the knowledge that Pierre was to be released by al-Qaida tomorrow," Gift of Givers said in a statement Saturday.

"A team of Abyan leaders met in Aden this morning and were preparing the final security and logistical arrangements, related to hostage release mechanisms, to bring Pierre to safety and freedom. It is even more tragic that the words we used in a conversation with Yolande at 5:59 this morning was: 'The wait is almost over.'"

View gallery

FILE - This image made from video posted online by militants on Thursday, Dec. 4, 2014, which has be …

Somers, who was born in Britain, earned a bachelor's degree in creative writing while attending Beloit College in Wisconsin from 2004 through 2007.

"He really wanted to understand the world," said Shawn Gillen, an English professor and chairman of Beloit College's journalism program who had Gillen as a student.

Fuad Al Kadas, who called Somers one of his best friends, said Somers spent time in Egypt before finding work in Yemen. Somers started teaching English at a Yemen school but quickly established himself as a one of the few foreign photographers in the country, he said.

"He is a great man with a kind heart who really loves the Yemeni people and the country," Al Kadas wrote in an email from Yemen. He said he last saw Somers the day before Somers was kidnapped.

"He was so dedicated in trying to help change Yemen's future, to do good things for the people that he didn't leave the country his entire time here," Al Kadas wrote.

Al-Arashi, his editor at the National Yemen, recalled a moment when Somers edited a story on other hostages held in the country.

"He looked at me and said, 'I don't want to be a hostage,'" al-Arashi said. "'I don't want to be kidnapped.'"

___

Pace reported from Washington. Associated Press writers who contributed to this report include Maamoun Youssef, Sarah El Deeb, Maggie Michael and Jon Gambrell in Cairo; Robert Burns in Kabul, Afghanistan; Ken Dilanian in Washington; Adam Schreck and Fay Abuelgasim in Manama, Bahrain; Andrew Meldrum in Johannesburg and Yusof Abdul-Rahman in London.